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(영문) 수원지방법원안양지원 2017.12.13 2017가단7628
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 7, 1994, the defendant filed a marriage report with D on November 7, 1994, and has the plaintiff A (1994) and B (196) under its chain.

B. On June 29, 2010, the father of the Plaintiffs E (D) sold the land of Pyeongtaek-si F and delivered KRW 40,000,000 out of the purchase price of KRW 474,00,000 (hereinafter “instant money”) to the Defendant.

C. On October 1, 2010, the Defendant concluded a pension insurance contract (hereinafter “the first pension insurance contract”) on October 1, 205 with the Korea Life Insurance Co., Ltd. (the Korea Life Insurance Co., Ltd. (the Korea Life Insurance Co., Ltd. before the change; hereinafter “Korea Life Insurance”) with the subscription amount of KRW 20,000,000,000 out of the instant money, the insured Plaintiff A, the beneficiary of insurance money, the Defendant, and the pension commencement date.

In addition, on May 31, 201, the Defendant entered into a pension insurance contract (hereinafter “second pension insurance contract”) on May 31, 206, with the subscription amount of KRW 20,000,000, the insured Plaintiff B, the beneficiary of insurance money, the Defendant, and the pension commencing date.

On November 26, 2012, the Defendant terminated the first pension insurance contract and sought insurance money of KRW 19,760,465, and used the Plaintiff’s living expenses, such as the Plaintiff’s private teaching institute fees, electricity, and gas charges, cafeteria operating expenses, and the Plaintiff’s parents for the purpose of living expenses, insurance premiums, and installment savings paid in the name of the Plaintiffs.

E. In addition, on January 30, 2013, the Defendant obtained a general term and conditions loan of KRW 8,310,000 from the pension insurance contract on January 30, 2013, and used KRW 8,310,00 for the purpose of Si parents living expenses, Plaintiff A’s registration fees, Plaintiffs’ installment savings payments, family premiums, Plaintiff B’s insurance premium payments, Plaintiff B’

F. On June 3, 2014, the Defendant consulted with D to divorce and submitted a written confirmation of divorce by agreement with the Suwon District Court, and on July 11, 2014, the Defendant went home to friendlyly as he was assaulted from D.

G. On July 23, 2014, the Defendant: (a) sought insurance money of KRW 10,880,483 from the termination of a pension insurance contract and deducted loans; and (b) paid credit card payments and premiums.

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